Case law

Eash v. County of York, Pennsylvania

District Court, M.D. Pennsylvania · Mar 30, 2022

immunity or whether a policy or custom exists to hold the County liable under Monell. … First, the plaintiff must establish a prima facie case of discrimination by showing that “(1) [he] is a member of a protected class; (2) [he] was qualified for the position in question; (3) [he] suffered an adverse employment

Ponzini v. PrimeCare Medical, Inc.

269 F. Supp. 3d 444 · District Court, M.D. Pennsylvania · Aug 30, 2017

It clearly seems to me that he is qualified, by both experience, knowledge, skill-and experience to offer an opinion that will help the trier of fact in this case. So I understand your objection, but it’s overruled. … July 28, 2014) (where defendant moved for judgment as a matter of law "on the grounds that the defendants are entitled to qualified immunity and that plaintiff failed to demonstrate causation”, its Rule 50(b) motion raising

Denman

District Court, M.D. Pennsylvania · Mar 26, 2026

State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … “[An inmate’s] particular vulnerability to suicide qualifies as a serious medical need.” See Colburn v. Upper Darby Township (Colburn II), 946 F.2d 1017, 1023 (3d. Cir. 1991).

United States v. Goodman

639 F. Supp. 802 · District Court, M.D. Pennsylvania · Feb 12, 1986

Additionally, each of the overt acts was established by competent evidence. … In the court’s view, the verdict clearly was not against the weight of the evidence and the motion will be denied.

Allen Jr. v. Pennsylvania State Police Carlisle Troop H

District Court, M.D. Pennsylvania · Aug 27, 2025

, or immunities secured by the Constitution or laws of the United States. … This is clearly sufficient to allege a violation of Allen’s civil rights under the Eighth Amendment. See Ricks v.

Banks v. Gallagher

686 F. Supp. 2d 499 · District Court, M.D. Pennsylvania · Nov 17, 2009

Mayor of Balt., 32 U.S. (7 Pet.) 243 , 8 L.Ed. 672 (1833)), and also foreclosed incorporating the Second *518 Amendment against the States via the Fourteenth Amendment’s Privileges and Immunities Clause, id. … Likewise, Kraft’s subjective understanding that he had been seized is clearly insufficient: the test for a seizure is an objective one.

Bacon v. Luzerne County

District Court, M.D. Pennsylvania · Jun 30, 2025

Heller, 475 U.S. 796, 799 (1986) (plaintiff must establish an underlying constitutional violation to attribute liability to the county); Mulholland v. … Fact Concerts, Inc., 453 U.S. 247, 271 (1981) (“[Wle hold that a municipality is immune from punitive damages under 42 U.S.C. § 1983.”); City of Phila. Office of Hous. & Cmty. Dev. v. Am. Fed’n of State Cty & Mun.

Marsh, Jr. v. Stratton

District Court, M.D. Pennsylvania · Mar 28, 2025

Upon review of your initial grievance, I find all the dates in the documentation you provided, clearly show that your event actually occurred back in October 2021; furthermore, you provided request … Furthermore, the “clever ploy” by Defendant Stratton to keep Plaintiff believing that his release was pending does not qualify as a deprivation that is ‘objectively, sufficiently serious” that would “result in the

Dalicier v. JPMorgan Chase Bank, N.A.

District Court, M.D. Pennsylvania · Sep 9, 2025

In order “to establish a prima facie case under the ECOA, a plaintiff must show that (1) []he was a member of a protected class; (2) []he applied for credit from the defendant; (3) []he was qualified for the credit; and … (4) despite qualifying, []he was denied credit.”

Brugler v. UNUM Group

District Court, M.D. Pennsylvania · Sep 17, 2019

Vander were not qualified to testify on the topic of whether Dr. … The Court acknowledges that the Third Circuit has established a permissive standard in this area, and that trial courts cannot exclude testimony simply because a potential expert is not the “best qualified” or “does not

Cooper v. Ardery

District Court, M.D. Pennsylvania · Sep 8, 2023

dismiss a complaint as frivolous if it is “based on an indisputably meritless legal theory” or a “clearly baseless” or “fantastic or delusional” factual scenario.13 Because Cooper proceeds pro se, his pleading is … Cooper’s complaint is devoid of facts establishing that any of the named Defendants were deliberately indifferent to Plaintiff’s medical needs.

DeJesus v. Williams

District Court, M.D. Pennsylvania · Jun 21, 2024

“Under the pleading regime established by Twombly and Iqbal, a court reviewing the sufficiency of a complaint must take three steps. … In the instant case, the allegations in Plaintiffs amended complaint clearly demonstrate that Plaintiff received ongoing medical attention, along with a variety of treatments,’ and that Plaintiff merely

Rich v. Pennsylvania Department of Corrections

District Court, M.D. Pennsylvania · Jan 22, 2025

To establish a Section 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. … tight, 2 Although Rich did not provide an address for Parcel, and Parcel is not presently listed on the docket because he was not listed in the “Defendants” section of the complaint form, Rich clearly

Rich v. Pennsylvania Department of Corrections

District Court, M.D. Pennsylvania · Jan 22, 2025

To establish a Section 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. … tight, 2 Although Rich did not provide an address for Parcel, and Parcel is not presently listed on the docket because he was not listed in the “Defendants” section of the complaint form, Rich clearly

Rich v. Johns

District Court, M.D. Pennsylvania · Jan 22, 2025

To establish a Section 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. … tight, 2 Although Rich did not provide an address for Parcel, and Parcel is not presently listed on the docket because he was not listed in the “Defendants” section of the complaint form, Rich clearly

Rich v. Pennsylvania Department of Corrections

District Court, M.D. Pennsylvania · Jan 22, 2025

To establish a Section 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. … tight, 2 Although Rich did not provide an address for Parcel, and Parcel is not presently listed on the docket because he was not listed in the “Defendants” section of the complaint form, Rich clearly

Rich v. Pennsylvania Department of Corrections (PA DOC)

District Court, M.D. Pennsylvania · Jan 22, 2025

To establish a Section 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. … tight, 2 Although Rich did not provide an address for Parcel, and Parcel is not presently listed on the docket because he was not listed in the “Defendants” section of the complaint form, Rich clearly

Rich v. Pennsylvania Department of Corrections

District Court, M.D. Pennsylvania · Jan 22, 2025

To establish a Section 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. … tight, 2 Although Rich did not provide an address for Parcel, and Parcel is not presently listed on the docket because he was not listed in the “Defendants” section of the complaint form, Rich clearly

Frith v. Galeton Area School District

900 F. Supp. 706 · District Court, M.D. Pennsylvania · Sep 20, 1995

There is clearly a factual dispute on many issues relating to, inter alia, what Galeton teachers and administrators involved with Aaron over years did or should have done, whether they should have been aware that he had some … The Form B Notice enclosed also restated the MDT’s conclusion that Aaron did not qualify for a special education program and advised the Friths of their right to review all data compiled by the district on their son, to request

KL v. Dunmore School District

District Court, M.D. Pennsylvania · Sep 24, 2025

This policy was clearly not enforced with respect to the cellphone used by JM to photograph KL in the restroom. … Section 504 of the RA provides that “[nlo otherwise qualified individual with a disability ...